Civics & Economics – Grade 12
Resources:
Text of the First Amendment: http://www.law.cornell.edu/constitution/billofrights
Tinker v. Des Moines Ind. Comm. School Dist. 393 U.S. 503 (1969):
Bethel School District No. 403 v. Fraser 478 U.S. 675 (1986):
Hazelwood School District v. Kuhlmeier 282 U.S. 260 (1988):
Audio versions & summaries of oral arguments (if needed):
Tinker:
Bethel:
Hazelwood:
Common Core State Standards:
RH.11-12.1 Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole.
RH.11-12.6 Evaluate authors’ differing points of view on the same historical event or issue by assessing the authors’ claims, reasoning, and evidence.
WHST.11-12.1 Write arguments focused on discipline-specific content.
WHST.11-12.7 Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.
Essential Question(s):
- To what extent are students’ rights to freedom of speech limited or protected under the first amendment?
The First Amendment
Step 1
Read the first amendment.
- What specifically does it say about speech?
- Brainstorm: is students’ speech limited or protected in schools?
Case Study 1: Tinker v. Des Moines (1969)
Step 2
Read the syllabus & what the Court held.
- What was this case about?
- What were the three main ideas that the Supreme Court held?
- Explain the court’s reasoning and claims in this case using just these portions of the opinion.
- With a partner, evaluate whether the court limited or protected student speech in this case. Be sure to use textual evidence in your evaluation.
Case Study 2: Bethel School District No. 403 v. Fraser (1986)
Step 3
Read the syllabus & what the Court held.
- What was this case about?
- What were the three main ideas that the Supreme Court held?
- Explain the court’s reasoning and claims in this case using just these portions of the opinion.
- How did the Court compare this case with Tinker v. Des Moines (1969)? Use textual evidence to support your answer.
- With a partner, evaluate whether the court limited or protected student speech in this case. Be sure to use textual evidence in your evaluation.
Case Study 3: Hazelwood School District v. Kuhlmeier (1988)
Step 4
Read the syllabus & what the Court held.
- What was this case about?
- What were the three main ideas that the Supreme Court held?
- Explain the court’s reasoning and claims in this case using just these portions of the opinion.
- How did the Court compare this case with Tinker v. Des Moines (1969)? Use textual evidence to support your answer.
- How did the Court compare this case with Bethel v. Frasor (1986)? Use textual evidence to support your answer.
- With a partner, evaluate whether the court limited or protected student speech in this case. Be sure to use textual evidence in your evaluation.
Step 5
Write an essay answering the essential question: To what extent are students’ rights to freedom of speech limited or protected under the first amendment? You must include a strong thesis (answer to the question) in your first paragraph. In each body paragraph, you should cite textual evidence from all three cases. Finally, in your conclusion, give greater meaning to your argument by connecting it to your life or evaluating the Supreme Court’s role in students’ rights.
Alternative Lesson:
If you are pressed for time, you could split students into groups and have each group read one case for steps 2-4. Then, students could jigsaw and share what their case was about. They could work together to then answer the essential question (Step 5).
Differentiation:
On the Oyez links, you can find a summary of each opinion for lower-level readers. They also have an audio version of the oral arguments for students who may need this version. Links:
Tinker:
Bethel:
Hazelwood:
Reading Guide
Case / What was this case about? (Facts) / Summarize the ruling? (Legal Provision) / Limited or Protected students’ free speech?TINKER v. DES MOINES IND. COMM. SCHOOL DIST.
BETHEL SCHOOL DISTRICT v. FRASER
HAZELWOOD SCHOOL DISTRICT v. KUHLMEIER
Framed Paragraph:
Students’ rights to freedom of speech are ______(limited/protected) under the first amendment because ______. For example, in Tinker vs. Des Moines, ______
______. However, in Bethel v. Fraser ______
______.
Furthermore, ______, according to Hazelwood v. Kuhlmeier. In conclusion, I feel ______regarding the Supreme Court’s interpretation of students’ free speech rights.